Whereas the Regional Municipality of Durham (the “Region”) has purchased the former Sunnycrest Nursing Home property at the municipal address 1635 Dundas Street East in the Town of Whitby (“1635 Dundas Street”); and,
Whereas the Region has proposed that a low-barrier shelter with a maximum of 45 spaces for persons experiencing homelessness be constructed at 1635 Dundas Street; and,
Whereas members of the surrounding neighbourhood and community have expressed concerns about the potential for a low-barrier shelter located at 1635 Dundas Street; and,
Whereas a motion was submitted to the Town of Whitby’s (the “Town”) Committee of the Whole for its meeting on September 25, 2023 as Agenda Item 5.5.2 to consider a Town-wide interim control by-law to determine appropriate policies, measures and locations for potential low barrier shelters and/or transitional housing within the Town; and,
Whereas the Region submitted Correspondence # 2023-438 from E. Baxter-Trahair, Chief Administrative Officer for the Region, proposing an agreement between the Town and the Region with respect to the use of the proposed low-barrier shelter and future housing and other uses at 1635 Dundas Street; and,
Whereas at its meeting on September 25, 2023, the Town’s Committee of the Whole deferred consideration of the motion to consider a Town-wide interim control by-law to determine appropriate policies, measures and locations for potential low barrier shelters and/or transitional housing within the Town until October 30, 2023 to allow for the negotiation of an agreement with the Region in order to address the concerns raised by the community; and,
Whereas Town staff, in consideration of concerns raised by the community and having received feedback from Members of Council have negotiated a draft agreement related to the proposed low-barrier shelter and future uses for 1635 Dundas Street East with Region Staff attached to Correspondence #2023-533 in accordance with the instruction from the September 25, 2023 Town Committee of the Whole resolution (the “Draft Agreement”); and,
Whereas at its meeting on October 30, 2023, Council instructed staff to collect comments regarding the Draft Agreement, undertake further negotiations with the Region, and provide Council with an update regarding any changes to the Draft Agreement; and,
Whereas at its meeting on October 30, 2023, Council deferred the consideration of a motion related to an Interim Control By-law to investigate the most appropriate location for low-barrier shelter uses within the Town in anticipation of further negotiations related to the Draft Agreement; and,
Whereas the Region submitted Correspondence #2023-593 dated November 23, 2023 providing a revised Final Agreement (the "Final Agreement"), and requesting Whitby Council’s consideration in advance of the Region’s consideration of the Final Agreement the Regional Council meeting on November 29, 2023;
Now therefore, be it resolved that:
- Correspondence #2023-593 dated November 23, 2023 from E. Baxter-Trahair, Chief Administrative Officer for the Region, be received;
- The terms of the Final Agreement attached to Correspondence #2023-593 are accepted by the Town;
- The Mayor and Clerk be authorized to execute an Agreement with the Region upon terms substantially in accordance with the Final Agreement and in a form satisfactory to the Chief Administrative Officer;
- Further to Section 33 of the Final Agreement, Council for the Town does not support nor endorse the placement or operation of a Supervised Consumption Site (as defined in the Revised Final Agreement) at 1635 Dundas Street;
- The Clerk circulate this resolution to Health Canada, Ontario Ministry of Health and Long-Term Care, and the Regional Municipality of Durham; and,
- Should the proposed Community Liaison Committee request to change or amend its Terms of Reference as shown in Attachment B to the Final Agreement, Town staff will provide a memorandum to Council on the Community Information Index regarding the changes, and if that memorandum is not referred to following Committee of the Whole meeting for discussion, the Mayor and Clerk shall be authorized to execute an amendment to the agreement to formalize the requested changes to the Community Liaison Committee Terms of Reference.